John O’Meara said his family is being “valued equally” after the court ruled he was entitled to the widower’s pension despite never marrying his deceased partner. 

The Supreme Court unanimously ruled that Nenagh native John O’Meara is entitled to the pension, quashing the 2021 decision to deny him the pension. 

Mr O’Meara told The Hard Shoulder it was especially gratifying to know it was a unanimous decision in his favour. 

“We’re being valued equally,” he said. “It’s pure vindication.” 

Mr O’Meara had three children with Michelle, his partner of 20 years, before she did in 2021 following a battle with breast cancer. 

At the time, Mr O’Meara inquired about the widower’s contributory pension but was told he likely would not get it. 

“I worked all my life and thought there would be something there, so I went ahead and applied for it,” he explained. 

“I was refused, so I appealed that decision – and was refused again. 

“We looked into it further and then FLAC got involved and we decided to take a case.” 

Widower's pension for children

The widower’s pension exists in large part to allow the surviving partner to provide for their children. 

Mr O’Meara said it was “disheartening” to learn this benefit did not apply to himself or his grieving children. 

“It's not nice to hear your family is being treated differently,” he said. 

“We've both worked all our lives and made our contribution and then to hear you’re going to be treated different, it’s going to put the drive in you.” 

Mr O’Meara did not feel confident taking this court case but had to proceed for his children. 

“You just have to stick with and go so far, that you can’t stop,” he said. 

Marriage and family

The Supreme Court today agreed with Mr O’Meara’s argument that refusing him the widower’s pension was tantamount to discrimination against his children. 

“It was down to the kids and discrimination towards my children as opposed to a married family,” he said. 

“There was nothing there for children of an unmarried family but if they were married, they would receive the benefits of the state.” 

Opposing the appeal on behalf of the State, Attorney General Rossa Fanning said the Oireachtas was not entitled to provide welfare benefits for surviving spouses to “surviving cohabitees”. 

He referenced article 41.3 of the Constitution, which says family is founded on marriage – although this definition may be changed by an upcoming referendum.